Tri City Divorce Lawyer
Free Consultation with a Tri City Divorce Lawyer: 847-628-8311 – Law Offices of Anthony R. Scifo – Serving St. Charles, Geneva and Batavia
Experiencing a divorce can be an emotionally challenging time in one’s life. But if you’re a resident of Illinois, it’s critical to have some awareness of the divorce laws. There are specific requirements that to fulfill to be eligible to seek a divorce. Generally, you’ll need to have grounds for a divorce like a felony conviction or adultery. Illinois courts split marital properties in a manner that it views as fair. However, this does not necessarily mean a 50/50 split. Divorce may entail a period of stress, but remember that it doesn’t have to be hard on your finances.
Read on to learn more about how state divorce laws apply in various situations and to become more informed. For a confidential consultation, speak with a Tri City Divorce Lawyer at our firm today at 847-628-8311.
Filing for Divorce in Illinois
According to the state’s divorce laws, you have to be a resident of Illinois for at least 90 days before filing for divorce. The person initiating the divorce must file at the circuit court within the county where either they or their spouse reside.
Grounds for Seeking Divorce
With a sole exception, a spouse needs grounds that are fault-based for a divorce. This basically means that a spouse needs to cite a particular reason to terminate their marriage. For example, adultery, bigamy, impotency, habitual alcohol or drug abuse, conviction of a felony or abandonment for at least a year.
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State divorce laws permit a no-fault exception. A spouse, typically, may file for a divorce after living separate from their spouse for a minimum of two years. The court can waive that requirement. Ask your Tri City Divorce Lawyer for more information.
The Divorce Process
When a spouse has grounds for seeking divorce or an exception under state laws, he or she may file for the divorce. The plaintiff may deliver the Petition for Dissolution of Marriage to the other spouse (the defendant), who has 30 days to respond.
How Assets are Divided – Tri City Divorce Lawyer
According to state laws, assets like brokerage accounts or a home are under the scope of physical property. However, prior to a judge dividing up such properties, it must first determine which category the properties are in. Marital properties belong to both spouses, while separate properties belongs to the individual.
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The state’s divorce laws, typically, declare that marital property is property that was earned or acquired during a marriage. Separate property is what a spouse earned or acquired individually prior to their marriage. This can include things like gifts or inherited funds.
Separate properties, though, can become marital properties. For instance, when a spouse inherits funds and deposits them to a jointly held account, that money is considered to be marital property.
Under state divorce laws, a judge divides marital assets and physical properties based upon fair distribution. This basically means the judge splits the property in a fair manner. Note that this doesn’t mean a 50/50 split based upon the property’s value. Rather, the judge weighs specific factors like: duration of the marriage, each spouse’s resources and each spouse’s contribution to the value of marital properties.
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In contrast with some other states, misconduct in a marriage is not one of these factors. So, if a spouse committed the act of adultery, for example, that does not provide the plaintiff in a divorce with a larger stake in the assets.
Judges in Illinois typically divide physical properties in a way that he or she sees to be fair. Among the factors they consider are: contribution of both spouses with respect to increase or decrease in the value of marital properties and the health, age and resources of each spouse.
Estate Planning and Divorce in Illinois
When it comes to estate planning, a surviving spouse loses all their rights to property that’s identified in the will of their deceased ex-spouse. This statute, though, only applies only after a divorce concludes. But what about when a spouse dies during divorce proceedings?
Generally, a surviving spouse can still make a claim toward property according to the terms of the deceased’s will. This is an example of why it’s essential to talk with your Tri City Divorce Lawyer. A lawyer can update your will and your estate plans as you go through a divorce. An experienced lawyer can offer valuable guidance particularly when a substantial estate is involved.
In the event that an Illinois spouse who has children dies without a will, their descendants would then divide the deceased’s estate. These situations can become increasingly complicated when children are minors. Generally, a legal guardian manages the children’s inheritance. In the event of a divorce, this will often mean that the surviving former spouse serves as guardian. When a deceased spouse did not have children, their ex typically receives the estate.
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One of the ways to protect against this situation is to create what’s known as a revocable living trust. Just as is the case with a living trust in Illinois, this form of trust is established while you are living. A revocable living trust determines what will happen with your assets and your property after your death. Courts in most cases divide properties. However, a spouse may still prevent an ex from accessing what remains in his or her estate share. A revocable living trust enables an individual to update beneficiaries at any point in time.
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The laws governing divorce in the state of Illinois can be complicated. Therefore it’s helpful for anyone considering divorce to remain updated on what is involved. These basics include knowing what to expect in a proceeding as well as what’s needed for eligibility. It’s also important to understand what forms of marital properties are under law and how to divide it between spouses. Naturally, child support payments and spousal support are also a factor.
Practical Recommendations on Protecting Your Assets in a Divorce – Tri City Divorce Lawyer
Even after a divorce proceeding finalizes, your financial situation might still be in a vulnerable state. To prepare sufficiently, talk with your Tri City Divorce Lawyer about repairing credit following a divorce.
Get Answers to Your Questions About Divorce – 847-628-8311
Divorce can be an emotionally difficult experience in many respects for both spouses and their families. But remember that you can take steps to safeguard your finances for the long term. One of the smartest actions you can take is to contact our firm and consult with a Tri City Divorce Lawyer. Contact the Law Offices of Anthony R. Scifo today at 847-628-8311. We serve clients in the communities of St. Charles, Geneva, Batavia, Elgin, South Elgin, Barrington, Hoffman Estates, DeKalb, Cortland, Hampshire and more. We will fight for your best interests and work hard to obtain the best possible outcome for you.